Chapter 43

Question 1

Enabling legislation

Answer 1

Congress passes, specifies the name, purpose, functions, and powers of the agency being created; defines it’s legal authority

Question 2

2 Basic types of admin agencies

Answer 2

Executive agencies, independent regulatory agencies

Question 3

Independent regulatory agencies

Answer 3

outside of executive cabinet departments; i.e. SEC, FTC; not subject to authority of president: officers serve for fixed terms and can’t be fired without good reason; president has the authority to appoint the members of the agencies, however

Question 4

Check on administrative law

Answer 4

Administrative Procedure Act: arbitrary and capricious test

Question 5

Arbitrary and Capricious Test

Answer 5

Failing to provide a rational explanation for decision; Changing prior policy without justification; Considering legally inappropriate factors; Failing to consider a relevant factor; Rendering a decision plainly contrary to the evidence

Question 6

Notice and comment rule making procedure

Answer 6

3 Basic Steps: Notice of the proposed rule making, a comment period, and the final rule